O-1 

O-1 visas are issued to aliens who "has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim." 

O-1A. If in motion picture or TV production, the person must have "a demonstrated record of extraordinary achievement." Person needs to demonstrate that his/her achievements have been recognized in the field "through extensive documentation." 

O-1B. USCIS interprets statute to encompass "any field of endeavor" including craftsmen and lecturers or "any field of creative activity or endeavor," The term 'art' also includes not only the principal creators and performers, but also other essential personnel such as directors, set designers, choreographers, orchestrators, coaches, arrangers, costume designers, make-up artists, stage technicians and animal trainers. 

O-2 

Person accompanying and assisting in the artistic or athletic performance for a specific event or events so long as:

• S/he is an integral part of such actual performance.
• S/he has critical skills and experience that are not of a general nature and which cannot be performed by other individuals.

In the case of motion picture or TV, person has skills and experience which are not general, which are critical and which are based on a pre-existing long-standing working relationship. In the case of a specific production a long-standing relationship is unnecessary where there is significant pre or post production work that will take place inside and outside U.S. and the person's presence needed for successful completion.

• S/he has foreign residence which s/he has no intention of abandoning.
• Includes spouse and children accompanying and following to join as O-3s.

Extraordinary Ability/Extraordinary Achievement Defined 

Extraordinary ability in the field of science, education, business or athletics is "a level of expertise indicating that the person is one of the small percentage who have risen to the very top of the field of endeavor." 

Extraordinary ability in the field of art means "distinction," that is "a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered ..." This category requires the petitioner to establish only that the artist is "prominent in his or her field of endeavor." 

Extraordinary achievement means a "very high level of accomplishment in the motion picture or TV industry evidenced by a degree of skill and recognition substantially above that ordinarily encountered ..." The person must be "outstanding or notable." 

Consultations. In order to obtain an O visa must first obtain a consultation. 

O-1/O-2: 

If in the motion picture or TV business, only after consultation with the union and management group. The opinion must describe the applicant's achievements in motion picture or TV and state whether position requires person of extraordinary achievement. 

For all other O-1 and O-2, the petition must be accompanied by a written advisory opinion from a peer group, a person with expertise in the applicant's field, or a labor organization with expertise in the field/area. A peer group may be a labor organization. The advisory opinion for O-1 extraordinary ability must describe the applicant's ability and achievements in the field of endeavor, the nature of the duties to be performed, and whether the position requires somebody of extraordinary ability. The advisory opinion for O-2s must describe the person's essentiality to and working relationship with the O-1 and state whether U.S. workers are available. For O-2 extraordinary achievement (TV/motion pictures) must show previous relationship. 

Consultations must be submitted for each type of occupation listed if they are requested by different unions. A consulting organization in lieu of an opinion may simply submit a letter stating it has no objection to the approval of the petition. If an advisory opinion is obtained from a peer group that is not a union then USCIS must forward petition to appropriate union within 5 days of receipt, receive a response within 15 days, and decide within 14 days after response or failure to respond. If the consultation does not contain all the elements necessary, INS should approve the petition if it is otherwise approvable.